Model Amendments to the Immigration Act

Warning

Part 1 – Amends the definition of an “aggravated felony”
in Immigration Act
Section 101(a)(43), 8 U.S.C. 1101(a)(43), by
inserting the following:

“(V) any crime of reckless driving or negligent driving or
of driving while intoxicated or under the influence of
alcohol or of prohibited substances if such crime is
designated as a felony or involves personal injury to
another.”

Effective date: Amendments made by this section shall
apply to actions taken on or after the date of the
enactment of this Act, regardless of when the conviction
occurred, and shall apply under
Section 276(b) of the Immigration and Nationality
Act only to violations of
Section 276(a) of such Act occurring on or after
such date.”

(This
section includes felony drunk driving and all crimes
causing injury behind-the-wheel under the “aggravated
felony” provisions of the Immigration Act, which bar
aliens deportable under this charge from most forms of
relief from removal. This section borrows existing
language from Immigration Act
Section 101(h)(3) which includes drunk driving
crimes as “serious criminal activity” – when
dealing with the inadmissibility provisions of
Section 212(a)(2)(E) for previously-deported
aliens.)

(m) Any alien who previously obtained the status of a
lawful permanent resident alien under any provision of
law is ineligible to seek adjustment of status under
this section.

(n) Any alien who has been convicted of an aggravated
felony is ineligible to seek adjustment of status under
this section.

Effective date: Amendments made by this section shall
apply to applications for adjustment of status pending
as of the date of the enactment of this Act, as well as
all such applications filed on or after the date of the
enactment of this Act.

(This
section prevents Lawful Permanent Residents from
avoiding removal for criminal offenses by filing a
second application for adjustment of status—to become a
permanent resident all over again—even while EOIR
Immigration Court proceedings are in progress. This
section gives aliens just one chance for adjustment of
status to permanent residence in the United States,
rather than being able to repeatedly petition anew after
having committed deportable crimes under the Immigration
Act. In addition, this section ensures that illegal
aliens with felony drunk driving convictions or crimes
causing injury behind-the-wheel are barred from ever
getting a green card.)

(2)
the Attorney General, in his discretion, and pursuant to
such terms, conditions and procedures as he may by
regulations prescribe, has consented to the alien`s
applying or reapplying for a visa, for admission to the
United States, or adjustment of status.

No
waiver shall be provided under this subsection in the
case of an alien who has been convicted of (or who has
admitted committing acts that constitute) murder or
criminal acts involving torture, or an attempt or
conspiracy to commit murder or a criminal act involving
torture. No waiver shall be granted under this
subsection in the case of an alien who has previously
been admitted to the United States as an alien lawfully
admitted for permanent residence if either since the
date of such admission the alien has been convicted
of an aggravated felony or the alien has not lawfully
resided continuously in the United States for a period
of not less than 7 years immediately preceding the date
of initiation of proceedings to remove the alien from
the United States. No court shall have jurisdiction
to review a decision of the Attorney General to grant or
deny a waiver under this subsection.

Effective date: Amendments made by this section shall
apply to waiver applications pending as of the date of
the enactment of this Act, as well as all such
applications filed on or after the date of the enactment
of this Act.

(This section insures that illegal
aliens and permanent resident aliens convicted of an
aggravated felony are both prevented from seeking an
Immigration Act Section 212(h) waiver in order to adjust
status to permanent residence. This section eliminates
the anomaly in the Immigration Act where
previously-deported illegal aliens convicted of an
aggravated felony in the U.S. could apply for adjustment
of status, and be granted such status through a 212(h)
waiver – while an existing permanent resident alien
convicted of an aggravated felony are prevented from
receiving a Section 212(h) waiver to readjust their
status. The readjustment avenue for existing permanent
resident aliens will be eliminated by Part 2 (see
previous amendment). But under this section (Part 3),
all convicted aggravated felons would be barred from
receiving a Section 212(h) waiver.]